What to Do When Workers’ Compensation Isn’t Enough
If your loved one was killed on the job you will have a claim for social security benefits and a claim for workers’ compensation benefits against the employer.
Burial expenses not to exceed $15,000.00 are payable to the family of a deceased worker under Minn. Stat. 176.11. If a work related injury was a substantially contributing cause of a worker’s death the surviving dependents are entitled to compensation for the lost income of the deceased..
Minnesota Statute 176.11 controls death claims arising from a work accident. In proceedings to recover workers’ compensation dependency benefits, the family of the killed worker must bring a claim within three years after the recipe of a written notice of death filed by the employer and no more than six years from the initial date of injury.
This may not seem like justice, but unless a third party unrelated to the employer was involved in the accident it may be all there is.
If a third party was at fault in causing the accident, there may be an additional wrongful death claim that can be brought. An example of this would be where a truck driver is killed in a collision on the highway. The surviving family members would have a claim for workers compensation benefits against the trucking company, a claim for social security survivor’s benefits, and a claim against the at fault party for the wrongful death of their loved one.
Another example would be if a defective tool was supplied to an employee which failed and caused her death. The family may have a products liability claim against the manufacturer of the defective product, in addition to social security and workers’ compensation survivors benefits.
If your loved one was killed in a work injury it is important that you contact an experienced Minnesota Workers’ Compensation Death Attorney to protect your family’s rights.
The Meshbesher Law Firm has experience in handling these complicated claims and we are here to get your family the compensation you are entitled to in your time of need. Please call for answers to your work comp death related questions.